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STATE EX REL. BUTCHER v. MANCHIN

No. 15682.

297 S.E.2d 430 (1982)

STATE of West Virginia ex rel. Rush BUTCHER v. A. James MANCHIN, Secretary of State, et al.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion October 29, 1982.

Attorney(s) appearing for the Case

Callaghan, Callaghan, Ruckman & Vaughan and Timothy R. Ruckman, Richwood, for relator.

Chauncey H. Browning, Atty. Gen. and Gregory W. Bailey, Deputy Atty. Gen., Charleston, for respondents.

NEELY, Justice:

Rush Butcher, the petitioner in this mandamus action, wants to be a candidate for the West Virginia House of Delegates for the Twenty-sixth Delegate District at the November 1982 general election. The Twenty-sixth Delegate District is comprised of the counties of Nicholas and Webster. At the June 1982 primary election no Republican Party candidate filed for the nomination. Mr. Butcher contacted the Republican Executive Committees of Nicholas and Webster...

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